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Cancellation of Pesticides for Non-Payment of Year 2011

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Cancellation of Pesticides for Non-Payment of Year 2011 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices 44907 Number 001203–00011) that was has required payment of an annual 24(c) to meet special local needs. canceled by voluntary request on May maintenance fee to keep pesticide Registrations for which the fee is not 11, 2010. Any distribution, sale, or use registrations in effect. The fee due last paid are subject to cancellation by order of this product in a manner inconsistent January 15, 2011, has gone unpaid for and without a hearing. with this order, including the provisions 254 registrations. Section 4(i)(5)(G) of The Food, Agriculture, Conservation, below regarding the disposition of FIFRA provides that the EPA and Trade Act Amendments of 1991, existing stocks, will be considered a Administrator may cancel these Public Law 102–237, amended FIFRA to violation of section 12(a)(2)(K) and/or registrations by order and without a allow the EPA Administrator to reduce 12(a)(1)(A) of FIFRA. This order will hearing; orders to cancel all 254 of these or waive maintenance fees for minor remain in effect unless and until it is registrations have been issued within agricultural use pesticides when she amended. the past few days. determines that the fee would be likely VI. Provisions for Existing Stocks DATES: A cancellation is effective on the to cause significant impact on the date the cancellation order is signed. availability of the pesticide for the use. For purposes of this order, the term FOR FURTHER INFORMATION CONTACT: John The Agency has waived the fee for 194 ‘‘existing stocks’’ is defined, pursuant to Jamula, Information Technology and minor agricultural use registrations at EPA’s existing stocks policy that Resources Management Division the request of the registrants. published in the Federal Register of (7502P), Office of Pesticide Programs, In fiscal year 2011, maintenance fees June 26, 1991 (56 FR 29362) (FRL– Environmental Protection Agency, 1200 were collected in one billing cycle. The 3846–4) as those stocks of registered Pennsylvania Ave., NW., Washington, Pesticide Registration Improvement pesticide products which are currently DC 20460–0001; telephone number: Renewal Act (PRIRA) was passed by in the United States and which were (703) 305–6426; e-mail address: Congress in October 2007. PRIRA packaged, labeled, and released for [email protected]. authorized the Agency to collect $22 shipment prior to the effective date of SUPPLEMENTARY INFORMATION: million in maintenance fees in fiscal the original cancellation order (i.e., May year 2011. In late 2010, all holders of 11, 2010). Pursuant to section 6(a)(1) of I. General Information either FIFRA section 3 registrations or FIFRA, this cancellation order includes A. Does this action apply to me? FIFRA section 24(c) registrations were the following existing stocks provisions. sent lists of their active registrations, 1. Distribution or sale by the registrant This action is directed to the public along with forms and instructions for in general. Although this action may be of existing stocks of Foremost 4809–ES responding. They were asked to identify of particular interest to persons who Insect-O-Fog (EPA Registration Number which of their registrations they wished produce or use pesticides, the Agency 001203–00011) is permitted through to maintain in effect, and to calculate has not attempted to describe all the May 11, 2013. and remit the appropriate maintenance 2. All provisions of the May 11, 2010 specific entities that may be affected by fees. Most responses were received by original cancellation order that are not this action. If you have any questions the statutory deadline of January 15. A in conflict with today’s amended regarding the information in this notice, notice of intent to cancel was sent in cancellation order, including all consult the person listed under FOR February, 2011, to companies who did provisions relating to sale, distribution, FURTHER INFORMATION CONTACT. not respond and to companies who and use of existing stocks of Foremost B. How can I get copies of this document responded, but paid for less than all of 4809–ES Insect-O-Fog by persons other and other related information? their registrations. Since mailing the than the registrant, are unaffected by notices of intent to cancel, EPA has this amended order and remain in EPA has established a docket for this maintained a toll-free inquiry number effect. action under docket identification (ID) number EPA–HQ–OPP–2011–0558. through which the questions of affected List of Subjects Publicly available docket materials are registrants have been answered. Environmental protection, Pesticides available either in the electronic docket Maintenance fees have been paid for and pests. at http://www.regulations.gov, or, if only about 15,327 FIFRA section 3 registrations, or about 95% of the Dated: July 14, 2011. available in hard copy, at the Office of registrations on file in December 2010. Richard P. Keigwin, Jr., Pesticide Programs (OPP) Regulatory Public Docket in Rm. S–4400, One Fees have been paid for about 2,053 Director, Pesticide Re-evaluation Division, FIFRA section 24(c) registrations, or Office of Pesticide Programs. Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of about 90% of the total on file in [FR Doc. 2011–18996 Filed 7–26–11; 8:45 am] operation of this Docket Facility are December 2010. Cancellations for non- BILLING CODE 6560–50–P from 8:30 a.m. to 4 p.m., Monday payment of the maintenance fee affect through Friday, excluding legal about 238 FIFRA section 3 registrations and about 16 FIFRA section 24(c) ENVIRONMENTAL PROTECTION holidays. The Docket Facility telephone registrations. AGENCY number is (703) 305–5805. The cancellation orders generally [EPA–HQ–OPP–2011–0558; FRL–8879–8] II. Background permit registrants to continue to sell and Section 4(i)(5) of FIFRA, as amended distribute existing stocks of the canceled Cancellation of Pesticides for Non- in October 1988 (Pub. L. 100–532), products until January 15, 2012, 1 year Payment of Year 2011 Registration December 1991 (Pub. L. 102–237), and after the date on which the fee was due. Maintenance Fees again in August 1996 (Pub. L. 104–170), Existing stocks already in the hands of AGENCY: Environmental Protection requires that all pesticide registrants pay dealers or users, however, can generally Agency (EPA). an annual registration maintenance fee, be distributed, sold, or used legally until ACTION: Notice. due by January 15 of each year, to keep they are exhausted. Existing stocks are their registrations in effect. This defined as those stocks of a registered SUMMARY: Since the amendments of requirement applies to all registrations pesticide product which are currently in October 1988, the Federal Insecticide, granted under FIFRA section 3 as well the United States and which have been Fungicide, and Rodenticide Act (FIFRA) as those granted under FIFRA section packaged, labeled, and released for VerDate Mar<15>2010 17:08 Jul 26, 2011 Jkt 223001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1 sroberts on DSK5SPTVN1PROD with NOTICES 44908 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices shipment prior to the effective date of the impact of these cancellations while maintenance fee. These registrations the cancellation order. the market adjusts. have been canceled by order and The exceptions to these general rules without hearing. Cancellation orders are cases where more stringent III. Listing of Registrations Canceled for Non-Payment were sent to affected registrants via restrictions on sale, distribution, or use certified mail in the past several days. of the products have already been Table 1 of this unit lists all of the The Agency is unlikely to rescind imposed, through special reviews or FIFRA section 24(c) registrations, and cancellation of any particular other Agency actions. These general Table 2 of this unit lists all of the FIFRA registration unless the cancellation provisions for disposition of stocks section 3 registrations which were resulted from Agency error. should serve in most cases to cushion canceled for non-payment of the 2011 TABLE 1—FIFRA SECTION 24(C) REGISTRATIONS CANCELLED FOR NON-PAYMENT OF 2011 MAINTENANCE FEE SLN No. Product name AZ–07–0010 ....................................................... Talus 40 Sc Insect Growth Regulator. CA–08–0002 ....................................................... Permethrin E Pro Termiticide/insecticide. CA–08–0008 ....................................................... Plantshield Hc Biological Fungicide. CA–10–0009 ....................................................... Ethylene Compressed Gas. CA–89–0037 ....................................................... Methyl Bromide 100. FL–04–0004 ........................................................ Fyfanon ULV. FL–09–0001 ........................................................ Diquat E–Pro 2 L Herbicide. HI–07–0003 ........................................................ Ovocontrol P Ready-To-Use Bait. LA–08–0013 ........................................................ Imida E–Pro 75 Wsp—Pre/post Construction Insecticide. MI–09–0006 ........................................................ Ovocontrol P 0.5%. OR–06–0018 ....................................................... Sprout Nip Emulsifiable Concentrate. TX–07–0012 ....................................................... Talus 40 Sc Insect Growth Regulator. WA–00–0031 .....................................................
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