Nicotine; Notice of Receipt of Request to Voluntarily Cancel a Pesticide Registration, 64320-64322 [E8-25831]

Download as PDF 64320 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: http:// 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 http:// 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 PO 00000 Frm 00020 Fmt 4703 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 http://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 http:// 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. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 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 E:\FR\FM\29OCN1.SGM 29OCN1 64322 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 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. 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 http://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. PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 29OCN1

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: http://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 
http://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 http://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 http://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