Foremost 4809-ES Insect-O-Fog; Amended Cancellation Order, 44906-44907 [2011-18996]

Download as PDF 44906 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices Dated: July 19, 2011. James A. Hanlon, Director, Office of Wastewater Management. [FR Doc. 2011–18867 Filed 7–26–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–1017; FRL–8880–8] Foremost 4809–ES Insect-O-Fog; Amended Cancellation Order Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces the U.S. Environmental Protection Agency’s (EPA or the Agency) issuance, pursuant to section 6(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), of an amended cancellation order for the pesticide product Foremost 4809–ES Insect-OFog, a pesticide product containing Piperonyl Butoxide and Pyrethrins. The registrant of Foremost 4809–ES InsectO-Fog—Delta Foremost Chemical Corp.—has requested an extension of the May 11, 2011 deadline after which the original cancellation prohibited the registrant of Foremost 4809–ES InsectO-Fog from selling or distributing that product except for export or disposal. Under the provisions of this amended cancellation order as specified below, sale or distribution of existing stocks of Foremost 4809–ES Insect-O-Fog by the registrant is extended and is now permitted through May 11, 2013 (a 2year extension of the May 11, 2011 deadline set forth in the original cancellation order). DATES: This amended cancellation order is effective as of the date of signature. FOR FURTHER INFORMATION CONTACT: Moana Appleyard, Pesticide Reevaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 308– 8175; fax number: (703) 308–8090; email address: appleyard.moana@epa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with NOTICES I. General Information A. Does this action apply to me? The Agency included in the original notice a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person VerDate Mar<15>2010 17:08 Jul 26, 2011 Jkt 223001 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–2009–1017. Publicly available docket materials are available either in the electronic docket at https://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. Background In the Federal Register of May 11, 2010 (75 FR 26227) (FRL–8822–4), EPA announced the Agency’s final order for the cancellations, voluntarily requested by the registrants and accepted by the Agency, of the products listed in Table 1 of that Federal Register Notice, pursuant to section 6(f)(1) of FIFRA. Foremost 4809–ES Insect-O-Fog (EPA Registration Number 001203–00011) was listed in Table 1 of that Federal Register Notice. That cancellation order followed a February 3, 2010 (75 FR 5644) (FRL–8807–6) Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of the May 11, 2010 Federal Register Notice to voluntarily cancel product registrations. The registrant of Foremost 4809–ES Insect-O-Fog was listed in Table 2 of the May 11, 2010 Notice. In the February 3, 2010 Notice, EPA indicated that it would issue an order implementing the cancellations unless the Agency received substantive comments within a 30–day comment period that would merit its further review of those requests or unless the registrants withdrew their requests. The Agency received comments on the February 3, 2010 Notice, but none merited EPA’s further review of the requests. None of the registrants withdrew their requests. Accordingly, EPA issued in the May 11, 2010 Notice a cancellation order granting the requested cancellations, and providing that any distribution, sale, or use of the products subject to that cancellation order was permitted only in accordance with the existing stocks provisions of that order. The existing stocks provisions of the May 11, 2010 cancellation order provided as follows: The registrants may continue to sell and distribute existing stocks of products listed in PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Table 1 until May 11, 2011, which is 1 year after the publication of the Cancellation Order in the Federal Register. Thereafter, the registrants are prohibited from selling or distributing products listed in Table 1, except for export in accordance with section 17 of FIFRA, or proper disposal. Persons other than the registrant may sell, distribute, or use existing stocks of products listed in Table 1 until existing stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. 75 FR 26227, 26255 (May 11, 2010) Delta Foremost Chemical Corp. has requested an extension of the May 11, 2011 deadline after which the original cancellation prohibited the registrant of Foremost 4809–ES Insect-O-Fog from selling or distributing that product except for export or disposal. When EPA issued the original cancellation order on May 11, 2010, the Agency anticipated that 1 year would be enough time to allow all of the registrant’s existing stocks of Foremost 4809–ES Insect-OFog to be sold and enter the channels of trade. However, because of an unforeseen drop in demand due to the general economic downturn, the registrant was unable to sell all of its existing stocks of that pesticide product by May 11, 2011. This pesticide product was canceled due to a voluntary request for cancellation by the registrant. There is no significant risk concern regarding Foremost 4809–ES Insect-O-Fog. Therefore, EPA believes that a 2-year extension of the May 11, 2011 deadline after which Delta Foremost Chemical Corp. is prohibited from selling or distributing its existing stocks of Foremost 4809–ES Insect-O-Fog—i.e., through May 11, 2013—is consistent with the purposes of FIFRA. III. What action is the agency taking? This amended cancellation order allows the registrant, Delta Foremost Chemical Corporation, to sell or distribute existing stocks of EPA Registration Number 001203–00011 through May 11, 2013. All provisions of the May 11, 2010 cancellation order that are not in conflict with today’s order remain in effect. This amended cancellation order is effective as of the date of signature. IV. What is the agency’s authority for taking this action? EPA is taking this action pursuant to section 6(a)(1) of FIFRA. V. Amended Cancellation Order Pursuant to section 6 of FIFRA, EPA hereby issues an amended cancellation order for the registration of Foremost 4809–ES Insect-O-Fog (EPA Registration E:\FR\FM\27JYN1.SGM 27JYN1 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices Number 001203–00011) that was canceled by voluntary request on May 11, 2010. Any distribution, sale, or use of this product in a manner inconsistent with this order, including the provisions below regarding the disposition of existing stocks, will be considered a violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA. This order will remain in effect unless and until it is amended. VI. Provisions for Existing Stocks For purposes of this order, the term ‘‘existing stocks’’ is defined, pursuant to EPA’s existing stocks policy that published in the Federal Register of June 26, 1991 (56 FR 29362) (FRL– 3846–4) as those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the original cancellation order (i.e., May 11, 2010). Pursuant to section 6(a)(1) of FIFRA, this cancellation order includes the following existing stocks provisions. 1. Distribution or sale by the registrant of existing stocks of Foremost 4809–ES Insect-O-Fog (EPA Registration Number 001203–00011) is permitted through May 11, 2013. 2. All provisions of the May 11, 2010 original cancellation order that are not in conflict with today’s amended cancellation order, including all provisions relating to sale, distribution, and use of existing stocks of Foremost 4809–ES Insect-O-Fog by persons other than the registrant, are unaffected by this amended order and remain in effect. List of Subjects Environmental protection, Pesticides and pests. Dated: July 14, 2011. Richard P. Keigwin, Jr., Director, Pesticide Re-evaluation Division, Office of Pesticide Programs. [FR Doc. 2011–18996 Filed 7–26–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY sroberts on DSK5SPTVN1PROD with NOTICES [EPA–HQ–OPP–2011–0558; FRL–8879–8] Cancellation of Pesticides for NonPayment of Year 2011 Registration Maintenance Fees Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: Since the amendments of October 1988, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) SUMMARY: VerDate Mar<15>2010 17:08 Jul 26, 2011 Jkt 223001 44907 24(c) to meet special local needs. Registrations for which the fee is not paid are subject to cancellation by order and without a hearing. The Food, Agriculture, Conservation, and Trade Act Amendments of 1991, Public Law 102–237, amended FIFRA to allow the EPA Administrator to reduce or waive maintenance fees for minor agricultural use pesticides when she determines that the fee would be likely to cause significant impact on the availability of the pesticide for the use. The Agency has waived the fee for 194 minor agricultural use registrations at the request of the registrants. In fiscal year 2011, maintenance fees were collected in one billing cycle. The Pesticide Registration Improvement Renewal Act (PRIRA) was passed by Congress in October 2007. PRIRA authorized the Agency to collect $22 million in maintenance fees in fiscal year 2011. In late 2010, all holders of I. General Information either FIFRA section 3 registrations or FIFRA section 24(c) registrations were A. Does this action apply to me? sent lists of their active registrations, This action is directed to the public along with forms and instructions for in general. Although this action may be responding. They were asked to identify of particular interest to persons who which of their registrations they wished produce or use pesticides, the Agency to maintain in effect, and to calculate has not attempted to describe all the and remit the appropriate maintenance specific entities that may be affected by fees. Most responses were received by this action. If you have any questions the statutory deadline of January 15. A regarding the information in this notice, notice of intent to cancel was sent in consult the person listed under FOR February, 2011, to companies who did FURTHER INFORMATION CONTACT. not respond and to companies who B. How can I get copies of this document responded, but paid for less than all of and other related information? their registrations. Since mailing the notices of intent to cancel, EPA has EPA has established a docket for this maintained a toll-free inquiry number action under docket identification (ID) through which the questions of affected number EPA–HQ–OPP–2011–0558. registrants have been answered. Publicly available docket materials are Maintenance fees have been paid for available either in the electronic docket at https://www.regulations.gov, or, if only about 15,327 FIFRA section 3 registrations, or about 95% of the available in hard copy, at the Office of registrations on file in December 2010. Pesticide Programs (OPP) Regulatory Fees have been paid for about 2,053 Public Docket in Rm. S–4400, One FIFRA section 24(c) registrations, or Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of about 90% of the total on file in December 2010. Cancellations for nonoperation of this Docket Facility are payment of the maintenance fee affect from 8:30 a.m. to 4 p.m., Monday about 238 FIFRA section 3 registrations through Friday, excluding legal holidays. The Docket Facility telephone and about 16 FIFRA section 24(c) registrations. number is (703) 305–5805. The cancellation orders generally II. Background permit registrants to continue to sell and distribute existing stocks of the canceled Section 4(i)(5) of FIFRA, as amended products until January 15, 2012, 1 year in October 1988 (Pub. L. 100–532), after the date on which the fee was due. December 1991 (Pub. L. 102–237), and again in August 1996 (Pub. L. 104–170), Existing stocks already in the hands of requires that all pesticide registrants pay dealers or users, however, can generally be distributed, sold, or used legally until an annual registration maintenance fee, they are exhausted. Existing stocks are due by January 15 of each year, to keep defined as those stocks of a registered their registrations in effect. This pesticide product which are currently in requirement applies to all registrations the United States and which have been granted under FIFRA section 3 as well packaged, labeled, and released for as those granted under FIFRA section has required payment of an annual maintenance fee to keep pesticide registrations in effect. The fee due last January 15, 2011, has gone unpaid for 254 registrations. Section 4(i)(5)(G) of FIFRA provides that the EPA Administrator may cancel these registrations by order and without a hearing; orders to cancel all 254 of these registrations have been issued within the past few days. DATES: A cancellation is effective on the date the cancellation order is signed. FOR FURTHER INFORMATION CONTACT: John Jamula, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–6426; e-mail address: jamula.john@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44906-44907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18996]


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ENVIRONMENTAL PROTECTION AGENCY

 [EPA-HQ-OPP-2009-1017; FRL-8880-8]


Foremost 4809-ES Insect-O-Fog; Amended Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the U.S. Environmental Protection 
Agency's (EPA or the Agency) issuance, pursuant to section 6(a)(1) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), of an 
amended cancellation order for the pesticide product Foremost 4809-ES 
Insect-O-Fog, a pesticide product containing Piperonyl Butoxide and 
Pyrethrins. The registrant of Foremost 4809-ES Insect-O-Fog--Delta 
Foremost Chemical Corp.--has requested an extension of the May 11, 2011 
deadline after which the original cancellation prohibited the 
registrant of Foremost 4809-ES Insect-O-Fog from selling or 
distributing that product except for export or disposal. Under the 
provisions of this amended cancellation order as specified below, sale 
or distribution of existing stocks of Foremost 4809-ES Insect-O-Fog by 
the registrant is extended and is now permitted through May 11, 2013 (a 
2-year extension of the May 11, 2011 deadline set forth in the original 
cancellation order).

DATES: This amended cancellation order is effective as of the date of 
signature.

FOR FURTHER INFORMATION CONTACT: Moana Appleyard, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8175; fax 
number: (703) 308-8090; e-mail address: appleyard.moana@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    The Agency included in the original notice a list of those who may 
be potentially affected by this action. If you have 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-2009-1017. Publicly available 
docket materials are available either in the electronic docket at 
https://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. Background

    In the Federal Register of May 11, 2010 (75 FR 26227) (FRL-8822-4), 
EPA announced the Agency's final order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency, of 
the products listed in Table 1 of that Federal Register Notice, 
pursuant to section 6(f)(1) of FIFRA. Foremost 4809-ES Insect-O-Fog 
(EPA Registration Number 001203-00011) was listed in Table 1 of that 
Federal Register Notice. That cancellation order followed a February 3, 
2010 (75 FR 5644) (FRL-8807-6) Federal Register Notice of Receipt of 
Requests from the registrants listed in Table 2 of the May 11, 2010 
Federal Register Notice to voluntarily cancel product registrations. 
The registrant of Foremost 4809-ES Insect-O-Fog was listed in Table 2 
of the May 11, 2010 Notice. In the February 3, 2010 Notice, EPA 
indicated that it would issue an order implementing the cancellations 
unless the Agency received substantive comments within a 30-day comment 
period that would merit its further review of those requests or unless 
the registrants withdrew their requests. The Agency received comments 
on the February 3, 2010 Notice, but none merited EPA's further review 
of the requests. None of the registrants withdrew their requests. 
Accordingly, EPA issued in the May 11, 2010 Notice a cancellation order 
granting the requested cancellations, and providing that any 
distribution, sale, or use of the products subject to that cancellation 
order was permitted only in accordance with the existing stocks 
provisions of that order. The existing stocks provisions of the May 11, 
2010 cancellation order provided as follows:

    The registrants may continue to sell and distribute existing 
stocks of products listed in Table 1 until May 11, 2011, which is 1 
year after the publication of the Cancellation Order in the Federal 
Register. Thereafter, the registrants are prohibited from selling or 
distributing products listed in Table 1, except for export in 
accordance with section 17 of FIFRA, or proper disposal. Persons 
other than the registrant may sell, distribute, or use existing 
stocks of products listed in Table 1 until existing stocks are 
exhausted, provided that such sale, distribution, or use is 
consistent with the terms of the previously approved labeling on, or 
that accompanied, the canceled products.

75 FR 26227, 26255 (May 11, 2010)

    Delta Foremost Chemical Corp. has requested an extension of the May 
11, 2011 deadline after which the original cancellation prohibited the 
registrant of Foremost 4809-ES Insect-O-Fog from selling or 
distributing that product except for export or disposal. When EPA 
issued the original cancellation order on May 11, 2010, the Agency 
anticipated that 1 year would be enough time to allow all of the 
registrant's existing stocks of Foremost 4809-ES Insect-O-Fog to be 
sold and enter the channels of trade. However, because of an unforeseen 
drop in demand due to the general economic downturn, the registrant was 
unable to sell all of its existing stocks of that pesticide product by 
May 11, 2011. This pesticide product was canceled due to a voluntary 
request for cancellation by the registrant. There is no significant 
risk concern regarding Foremost 4809-ES Insect-O-Fog. Therefore, EPA 
believes that a 2-year extension of the May 11, 2011 deadline after 
which Delta Foremost Chemical Corp. is prohibited from selling or 
distributing its existing stocks of Foremost 4809-ES Insect-O-Fog--
i.e., through May 11, 2013--is consistent with the purposes of FIFRA.

III. What action is the agency taking?

    This amended cancellation order allows the registrant, Delta 
Foremost Chemical Corporation, to sell or distribute existing stocks of 
EPA Registration Number 001203-00011 through May 11, 2013. All 
provisions of the May 11, 2010 cancellation order that are not in 
conflict with today's order remain in effect. This amended cancellation 
order is effective as of the date of signature.

IV. What is the agency's authority for taking this action?

    EPA is taking this action pursuant to section 6(a)(1) of FIFRA.

V. Amended Cancellation Order

    Pursuant to section 6 of FIFRA, EPA hereby issues an amended 
cancellation order for the registration of Foremost 4809-ES Insect-O-
Fog (EPA Registration

[[Page 44907]]

Number 001203-00011) that was canceled by voluntary request on May 11, 
2010. Any distribution, sale, or use of this product in a manner 
inconsistent with this order, including the provisions below regarding 
the disposition of existing stocks, will be considered a violation of 
section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA. This order will remain 
in effect unless and until it is amended.

VI. Provisions for Existing Stocks

    For purposes of this order, the term ``existing stocks'' is 
defined, pursuant to EPA's existing stocks policy that published in the 
Federal Register of June 26, 1991 (56 FR 29362) (FRL-3846-4) as those 
stocks of registered pesticide products which are currently in the 
United States and which were packaged, labeled, and released for 
shipment prior to the effective date of the original cancellation order 
(i.e., May 11, 2010). Pursuant to section 6(a)(1) of FIFRA, this 
cancellation order includes the following existing stocks provisions.
    1. Distribution or sale by the registrant of existing stocks of 
Foremost 4809-ES Insect-O-Fog (EPA Registration Number 001203-00011) is 
permitted through May 11, 2013.
    2. All provisions of the May 11, 2010 original cancellation order 
that are not in conflict with today's amended cancellation order, 
including all provisions relating to sale, distribution, and use of 
existing stocks of Foremost 4809-ES Insect-O-Fog by persons other than 
the registrant, are unaffected by this amended order and remain in 
effect.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 14, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-18996 Filed 7-26-11; 8:45 am]
BILLING CODE 6560-50-P
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