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 

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-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 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 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. 

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 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. 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-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 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0558; FRL–8879–8] 

Cancellation of Pesticides for NonPayment of Year 2011 Registration 

Maintenance Fees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: Since the amendments of 

October 1988, the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

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: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general. Although this action may be 

of particular interest to persons who 

produce or use pesticides, 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 information in this notice, 

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–2011–0558. 

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. Background 

Section 4(i)(5) of FIFRA, as amended 

in October 1988 (Pub. L. 100–532), 

December 1991 (Pub. L. 102–237), and 

again in August 1996 (Pub. L. 104–170), 

requires that all pesticide registrants pay 

an annual registration maintenance fee, 

due by January 15 of each year, to keep 

their registrations in effect. This 

requirement applies to all registrations 

granted under FIFRA section 3 as well 

as those granted under FIFRA section 

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 

either FIFRA section 3 registrations or 

FIFRA section 24(c) registrations were 

sent lists of their active registrations, 

along with forms and instructions for 

responding. They were asked to identify 

which of their registrations they wished 

to maintain in effect, and to calculate 

and remit the appropriate maintenance 

fees. Most responses were received by 

the statutory deadline of January 15. A 

notice of intent to cancel was sent in 

February, 2011, to companies who did 

not respond and to companies who 

responded, but paid for less than all of 

their registrations. Since mailing the 

notices of intent to cancel, EPA has 

maintained a toll-free inquiry number 

through which the questions of affected 

registrants have been answered. 

Maintenance fees have been paid for 

about 15,327 FIFRA section 3 

registrations, or about 95% of the 

registrations on file in December 2010. 

Fees have been paid for about 2,053 

FIFRA section 24(c) registrations, or 

about 90% of the total on file in 

December 2010. Cancellations for nonpayment of the maintenance fee affect 

about 238 FIFRA section 3 registrations 

and about 16 FIFRA section 24(c) 

registrations. 

The cancellation orders generally 

permit registrants to continue to sell and 

distribute existing stocks of the canceled 

products until January 15, 2012, 1 year 

after the date on which the fee was due. 

Existing stocks already in the hands of 

dealers or users, however, can generally 

be distributed, sold, or used legally until 

they are exhausted. Existing stocks are 

defined as those stocks of a registered 

pesticide product which are currently in 

the United States and which have been 

packaged, labeled, and released for 


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