Nicotine; Notice of Receipt of Request to Voluntarily Cancel a Pesticide Registration, 64320-64322 [E8-25831]
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Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Notices
reclassify registration of a pesticide
product because uses of that product
may cause unreasonable adverse effects
on the environment, in accordance with
FIFRA.
Prior to formal initiation of a Special
Review, a preliminary notification is
sent to registrants and applicants for
registration pursuant to 40 CFR 154.21
announcing that the Administrator may
initiate a Special Review of a pesticide
use. Registrants and applicants for
registration are allowed 30 days from
receipt of the notification to comment
on the Agency’s preliminary notification
that it may commence a Special Review.
If the Agency determines, after
issuance of a notification pursuant to 40
CFR 154.21, that it will initiate a Special
Review, 40 CFR 154.25(c) requires the
Administrator to publish a Notice of
Special Review in the Federal Register.
To conclude the Special Review after a
Special Review has been initiated, 40
CFR 154.31 requires the Administrator
to first publish a Notice of Preliminary
Determination in the Federal Register.
This notice concerning ETO is being
issued pursuant to 40 CFR 154.31.
That regulation requires the
Administrator to respond to all
significant comments received on the
Notice of Special Review and, among
other things, make a preliminary
determination of whether any of the
applicable risk criteria have been
satisfied. Finally, after receipt and
evaluation of comments on the Notice of
Preliminary Determination, 40 CFR
154.33 requires that the Administrator
publish in the Federal Register a Notice
of Final Determination, including the
reasons for the determination.
List of Subjects
Environmental protection, Pesticides,
Pests.
Dated: October 21, 2008.
James B. Gulliford
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E8–25674 Filed 10–28–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
jlentini on PROD1PC65 with NOTICES
[EPA–HQ–OPP–2007–1019; FRL–8387–5]
Nicotine; Notice of Receipt of Request
to Voluntarily Cancel a Pesticide
Registration
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
VerDate Aug<31>2005
17:17 Oct 28, 2008
Jkt 217001
SUMMARY: In accordance with section
6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended. EPA is issuing a
notice of receipt of a request by the
registrant to voluntarily cancel its
registration for a product containing the
pesticide nicotine. The request would
terminate nicotine use on greenhousegrown ornamentals. The request would
terminate the last nicotine product
registered for use in the United States.
EPA intends to grant this request at the
close of the comment period for this
announcement unless the Agency
receives substantive comments within
the comment period that would merit its
further review of the request, or unless
the registrant withdraws its request
within this period. Upon acceptance of
this request, any sale, distribution, or
use of products listed in this notice will
be permitted only if such sale,
distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on
or before April 27, 2009.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–1019, by
one of the following methods:
• Federal eRulemaking Portal: https://
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
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2007–
1019. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
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Sfmt 4703
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. 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 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.
FOR FURTHER INFORMATION CONTACT: Jill
Bloom, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
8019; fax number: (703) 308–7070; email address: bloom.jill@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, 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
E:\FR\FM\29OCN1.SGM
29OCN1
64321
Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Notices
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.
jlentini on PROD1PC65 with NOTICES
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD-ROM that
you mail to EPA, mark the outside of the
disk or CD-ROM as CBI and then
identify electronically within the disk or
CD-ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Background on the Receipt of
Requests to Cancel and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA
of a request from the registrant, Fuller
System, Inc., (Fuller) to cancel one of its
product registrations. The affected
VerDate Aug<31>2005
17:17 Oct 28, 2008
Jkt 217001
nicotine product is labeled for use on
greenhouse-grown ornamentals such as
poinsettia, chrysanthemum, and
bedding plants for the control of aphids,
thrips, and whiteflies. In a letter dated
February 25, 2008, Fuller requested that
EPA cancel the affected product
registration identified in this notice (see
Table 1). Specifically, the Agency
became aware during its assessment of
the reregistration eligibility of nicotine
that the pesticide-specific database for
nicotine was insufficient, even when
taking into account information
available in the open literature. Had the
registration been allowed to continue,
this lack of data would have
necessitated that the Agency issue a
Data Call-In notice for specific nicotine
data elements, particularly toxicity data.
Fuller decided to request product phaseout rather than develop these data.
Fuller requested that:
1. It be permitted to produce and sell
its nicotine product until December 31,
2013.
2. Distributors be permitted to sell the
product until December 31, 2014.
3. Users be permitted to use the
product until stocks are depleted.
In addition, Fuller has agreed to
implement several risk–reduction
measures in the interim before
cancellation becomes effective. The
measures will take the form of revised
labeling that:
1. Prohibits the use of the nicotine
product in non-commercial
greenhouses.
2. Prohibits the use of the nicotine
product on plants grown for cut flowers.
3. Prohibits worker reentry into a
treated greenhouse for at least 24 hours
after application and until Worker
Protection Standards (WPS) ventilation
criteria have been met, except for
appropriately trained and equipped
workers.
4. Prohibits the sale or transfer of
treated plants for 24 hours following
application. These measures address
potential risks of concern identified by
the Agency in the nicotine
Reregistration Eligibility Decision
(RED).
Fuller’s nicotine product is used only
on greenhouse-grown ornamentals; this
action would terminate the last nicotine
pesticide product registered in the
United States for any use.
III. What Action is the Agency Taking?
This notice announces receipt by EPA
of a request from a registrant to cancel
a nicotine product registration. The
affected product and the registrant
making the request are identified in
Tables 1 and 2 of this unit.
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Under section 6(f)(1)(A) of FIFRA,
registrants may request, at any time, that
their pesticide registrations be canceled
or amended to terminate one or more
pesticide uses. Section 6(f)(1)(B) of
FIFRA requires that before acting on a
request for voluntary cancellation, EPA
must provide a 30–day public comment
period on the request for voluntary
cancellation or use termination. In
addition, section 6(f)(1)(C) of FIFRA
requires that EPA provide a 180–day
comment period on a request for
voluntary cancellation or termination of
any minor agricultural use before
granting the request, unless:
1. The registrants request a waiver of
the comment period, or
2. The Administrator determines that
continued use of the pesticide would
pose an unreasonable adverse effect on
the environment.
The nicotine registrant has not
requested that EPA waive the 180–day
comment period. EPA will provide a
180–day comment period on the request
for cancellation.
Unless a request is withdrawn by the
registrant within 180 days of
publication of this notice, or if the
Agency determines that there are
substantive comments that warrant
further review of this request, an order
will be issued canceling the affected
registration.
TABLE 1.—NICOTINE PRODUCT REGISTRATION WITH A PENDING REQUEST FOR CANCELLATION
Registration Number
Product Name
Company
1327-41
Fulex Nicotine
Fumigator
Fuller System,
Inc.
Table 2 of this unit shows the name
and address of record for the registrant
of the product listed in Table 1 of this
unit.
TABLE 2.—REGISTRANT REQUESTING
VOLUNTARY CANCELLATION
EPA Company
Number
1327
Company Name and
Address
Fuller System, Inc.
P.O. Box 3053
Woburn, MA 01888
IV. What is the Agency’s Authority for
Taking this Action?
Section 6(f)(1) of FIFRA provides that
a registrant of a pesticide product may
at any time request that any of its
pesticide registrations be canceled or
amended to terminate one or more uses.
FIFRA further provides that, before
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Federal Register / Vol. 73, No. 210 / Wednesday, October 29, 2008 / Notices
acting on the request, EPA must publish
a notice of receipt of any such request
in the Federal Register. Thereafter,
following the public comment period,
the Administrator may approve such a
request.
V. Procedures for Withdrawal of
Request and Considerations for
Reregistration of Fulex Nicotine
Fumigator
Existing stocks are 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 cancellation action.
In any order issued in response to this
request for cancellation of a product
registration, EPA proposes to include
the following provisions for the
treatment of any existing stocks of the
products identified or referenced in
Table 1 in Unit III. Fuller will be
permitted to produce and sell its
nicotine product (Fulex Nicotine
Fumigator, EPA Registration Number
1327–41) until December 31,
2013.Distributors will be permitted to
sell this product until December 31,
2014. The use of this product will be
permitted until existing stocks are
depleted.
If the request for voluntary
cancellation is granted, the Agency
intends to publish the cancellation
order in the Federal Register.
List of Subjects
jlentini on PROD1PC65 with NOTICES
Environmental protection, Pesticides
and pests.
Dated: October 21, 2008.
Steven Bradbury,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E8–25831 Filed 10–28–08; 8:45 am]
17:17 Oct 28, 2008
Jkt 217001
[EPA–HQ–OPP–2008–0344; FRL–8385–5]
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0344 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.
In accordance with section 3(c)(2) of
FIFRA, a copy of the approved label, the
list of data references, the data and other
scientific information used to support
registration, except for material
specifically protected by section 10 of
FIFRA, are also available for public
inspection. Requests for data must be
made in accordance with the provisions
of the Freedom of Information Act and
must be addressed to the Freedom of
Information Office A–101, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001. Such requests should:
Identify the product name and
registration number and specify the data
or information desired.
A paper copy of the fact sheet, which
provides more detail on this
registration, may be obtained from the
National Technical Information Service
(NTIS), 5285 Port Royal Rd.,
Springfield, VA 22161.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
Pesticide Product Registration
Approval
Environmental Protection
Agency (EPA).
VI. Provisions for Disposition of
Existing Stocks
VerDate Aug<31>2005
B. How Can I Get Copies of this
Document and Other Related
Information?
AGENCY:
Registrants who choose to withdraw a
request for cancellation must submit
such withdrawal in writing to the
person listed under FOR FURTHER
INFORMATION CONTACT, postmarked
before April 27, 2009. This written
withdrawal of the request for
cancellation will apply only to the
applicable FIFRA section 6(f)(1) request
listed in this notice. If the product
registration has been subject to a
previous cancellation action, the
effective date of cancellation and all
other provisions of any earlier
cancellation action are controlling.
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
Notice.
SUMMARY: This notice announces
Agency approval of an application to
register the pesticide product Bedoukian
e,e-9,11-Tetradecdienyl Acetate
Technical Pheromone] containing an
active ingredient not included in any
previously registered products pursuant
to the provisions of section 3(c)(5) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
FOR FURTHER INFORMATION CONTACT:
Chris Pfeifer, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–0031; e-mail address:
pfeifer.chris@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code
111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
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II. Did EPA Approve the Application?
The Agency approved the application
after considering all required data on
risks associated with the proposed use
of [9,11-tetradecadien-1-ol, 1-acetate,
(9E,11E), and information on social,
economic, and environmental benefits
to be derived from use. Specifically, the
Agency has considered the nature of the
chemical and its pattern of use,
application methods and rates, and level
and extent of potential exposure. Based
on these reviews, the Agency was able
to make basic health and safety
determinations which show that use of
9,11-tetradecadien-1-ol, 1-acetate,
(9E,11E) when used in accordance with
widespread and commonly recognized
practice, will not generally cause
E:\FR\FM\29OCN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Notices]
[Pages 64320-64322]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25831]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-1019; FRL-8387-5]
Nicotine; Notice of Receipt of Request to Voluntarily Cancel a
Pesticide Registration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is issuing a
notice of receipt of a request by the registrant to voluntarily cancel
its registration for a product containing the pesticide nicotine. The
request would terminate nicotine use on greenhouse-grown ornamentals.
The request would terminate the last nicotine product registered for
use in the United States. EPA intends to grant this request at the
close of the comment period for this announcement unless the Agency
receives substantive comments within the comment period that would
merit its further review of the request, or unless the registrant
withdraws its request within this period. Upon acceptance of this
request, any sale, distribution, or use of products listed in this
notice will be permitted only if such sale, distribution, or use is
consistent with the terms as described in the final order.
DATES: Comments must be received on or before April 27, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1019, by one of the following methods:
Federal eRulemaking Portal: https://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 Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-1019. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at https://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. 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 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.
FOR FURTHER INFORMATION CONTACT: Jill Bloom, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8019; fax
number: (703) 308-7070; e-mail address: bloom.jill@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, 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
[[Page 64321]]
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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background on the Receipt of Requests to Cancel and/or Amend
Registrations to Delete Uses
This notice announces receipt by EPA of a request from the
registrant, Fuller System, Inc., (Fuller) to cancel one of its product
registrations. The affected nicotine product is labeled for use on
greenhouse-grown ornamentals such as poinsettia, chrysanthemum, and
bedding plants for the control of aphids, thrips, and whiteflies. In a
letter dated February 25, 2008, Fuller requested that EPA cancel the
affected product registration identified in this notice (see Table 1).
Specifically, the Agency became aware during its assessment of the
reregistration eligibility of nicotine that the pesticide-specific
database for nicotine was insufficient, even when taking into account
information available in the open literature. Had the registration been
allowed to continue, this lack of data would have necessitated that the
Agency issue a Data Call-In notice for specific nicotine data elements,
particularly toxicity data. Fuller decided to request product phase-out
rather than develop these data. Fuller requested that:
1. It be permitted to produce and sell its nicotine product until
December 31, 2013.
2. Distributors be permitted to sell the product until December 31,
2014.
3. Users be permitted to use the product until stocks are depleted.
In addition, Fuller has agreed to implement several risk-reduction
measures in the interim before cancellation becomes effective. The
measures will take the form of revised labeling that:
1. Prohibits the use of the nicotine product in non-commercial
greenhouses.
2. Prohibits the use of the nicotine product on plants grown for
cut flowers.
3. Prohibits worker reentry into a treated greenhouse for at least
24 hours after application and until Worker Protection Standards (WPS)
ventilation criteria have been met, except for appropriately trained
and equipped workers.
4. Prohibits the sale or transfer of treated plants for 24 hours
following application. These measures address potential risks of
concern identified by the Agency in the nicotine Reregistration
Eligibility Decision (RED).
Fuller's nicotine product is used only on greenhouse-grown
ornamentals; this action would terminate the last nicotine pesticide
product registered in the United States for any use.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to cancel a nicotine product registration. The affected product and the
registrant making the request are identified in Tables 1 and 2 of this
unit.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
1. The registrants request a waiver of the comment period, or
2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
The nicotine registrant has not requested that EPA waive the 180-
day comment period. EPA will provide a 180-day comment period on the
request for cancellation.
Unless a request is withdrawn by the registrant within 180 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registration.
Table 1.--Nicotine Product Registration with a Pending Request for
Cancellation
------------------------------------------------------------------------
Registration Number Product Name Company
------------------------------------------------------------------------
1327-41 Fulex Nicotine Fuller System,
Fumigator Inc.
------------------------------------------------------------------------
Table 2 of this unit shows the name and address of record for the
registrant of the product listed in Table 1 of this unit.
Table 2.--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
1327 Fuller System, Inc.
P.O. Box 3053
Woburn, MA 01888
------------------------------------------------------------------------
IV. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before
[[Page 64322]]
acting on the request, EPA must publish a notice of receipt of any such
request in the Federal Register. Thereafter, following the public
comment period, the Administrator may approve such a request.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Fulex Nicotine Fumigator
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before April 27, 2009. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the product registration has been subject to a previous cancellation
action, the effective date of cancellation and all other provisions of
any earlier cancellation action are controlling.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are 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
cancellation action.
In any order issued in response to this request for cancellation of
a product registration, EPA proposes to include the following
provisions for the treatment of any existing stocks of the products
identified or referenced in Table 1 in Unit III. Fuller will be
permitted to produce and sell its nicotine product (Fulex Nicotine
Fumigator, EPA Registration Number 1327-41) until December 31,
2013.Distributors will be permitted to sell this product until December
31, 2014. The use of this product will be permitted until existing
stocks are depleted.
If the request for voluntary cancellation is granted, the Agency
intends to publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: October 21, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E8-25831 Filed 10-28-08; 8:45 am]
BILLING CODE 6560-50-S
