[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44906-44907]
From the Federal Register Online via the Government Publishing 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.

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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: [email protected].

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-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]
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