

[Federal Register: December 21, 2007 (Volume 72, Number 245)]
[Notices]               
[Page 72710-72713]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de07-80]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1019; FRL-8341-8]

 
Nicotine, 4-Aminopyridine, and Fenoxycarb; Notice of Receipt of 
Requests to Voluntarily Cancel Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing this 
notice of receipt of requests by the registrants to voluntarily cancel 
their registrations of certain products containing the pesticides 
nicotine, 4-aminopyridine, and fenoxycarb. The requests from Bonide, 
Inc. would terminate nicotine use in or on lawns and outdoor 
ornamentals; this request would not cancel the last nicotine product 
registered for use in the United States. The requests from Avitrol 
Corporation would terminate 4-aminopyridine products formulated as 
powder; this request would not cancel the last 4-aminopyridine product 
registered for use in the United States. The requests from SC Johnson & 
Son, Inc. would terminate fenoxycarb use in indoor residential areas; 
this request would not cancel the last fenoxycarb product registered 
for use in the United States. The requests from Syngenta would 
terminate fenoxycarb use by residential handlers; this request would 
not cancel the last fenoxycarb product registered for use in the United 
States. EPA intends to grant these requests 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 requests, or unless the registrants withdraw their requests 
within this period. Upon acceptance of these requests, 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 January 22, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID)

[[Page 72711]]

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'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 in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Search for Dockets.'' Insert the 

docket ID number where indicated and select the ``Submit'' button. 
Follow the instructions on the regulations.gov website to view the 
docket index or access available documents. 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 or Katie Weyrauch, Special 
Review and Reregistration Division (7508P), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001. For information on the nicotine requests, 
please contact: Jill Bloom, telephone number: (703) 308-8019; e-mail 
address: bloom.jill@epa.gov. For information on the 4-aminopyridine and 
fenoxycarb requests, please contact: Katie Weyrauch, telephone number: 
(703) 308-0166; e-mail address: weyrauch.katie@epa.gov. The fax number 
for both contacts is (703) 308-7070.

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 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 Registration

    This notice announces receipt by EPA of requests from Bonide 
Products, Inc. to cancel two nicotine product registrations. Nicotine 
is derived from the tobacco plant and is used to kill insect pests of 
ornamental plants, and as part of a formulation used to repel dogs and 
rabbits from yard and garden areas. In separate letters dated September 
18, 2007, Bonide requested that EPA cancel the two nicotine product 
registrations identified in this notice (see Table 1). Specifically, 
Bonide has made these requests in light of preliminary indications of 
toxicological and ecotoxicological concerns, coupled with a lack of 
applicable data and the likely requirement to fill these data gaps.

[[Page 72712]]

Bonide has not produced the insecticide product (EPA registration 
 4-340) for a number of years, and has not requested time for 
the sale of existing stocks. For the repellent product (EPA 
registration  4-465), Bonide has requested a 24-month interval 
after the cancellation order is issued in which to sell existing 
stocks. This action on the registrant's requests will not terminate the 
last nicotine product registered in the United States; it will 
terminate the registration of the last nicotine products registered in 
the United States for use on and around lawns and outdoor ornamentals.
    This notice also announces receipt by EPA of requests from Avitrol 
Corporation, to cancel five 4-aminopyridine product registrations. 4-
aminopyridine is an avicide with flock-alarming properties. 4-
aminopyridine products are used around structures and in feedlots for 
the control of pigeons, starlings, some species of grackles, sparrows, 
crows, and some species of blackbirds. In letters dated May 30, 2007, 
September 30, 2007, and October 5, 2007, Avitrol Corporation requested 
that EPA cancel affected product registrations identified in this 
notice (see Table 1). Specifically, Avitrol Corporation has made these 
requests in light of preliminary indications of toxicological and 
ecotoxicological concerns and the possibility of airborne transmission 
of the powders. The registrant has requested to be able to sell these 
4-aminopyridine products through December 31, 2007. This action on the 
registrant's requests will terminate the last 4-aminopyridine products 
formulated as powders in the United States. In addition, this action on 
the registrant's requests will terminate the last 4-aminopyridine 
products registered in the United States for use on gulls; in grape 
vineyards in California; on sprouting crops in California; and on the 
Greater Antillean grackle in Puerto Rico.
    This notice also announces receipt by EPA of requests from S.C. 
Johnson & Son, Inc. to cancel two fenoxycarb product registrations. 
Fenoxycarb is an O-ester carbamate derivative insecticide/miticide/
insect growth regulator. Fenoxycarb is used on turf, non-bearing 
orchards, and on ornamentals to control insects, including fire ants. 
In a letter dated July 20, 2007, S.C. Johnson & Son, Inc. requested 
that EPA cancel affected product registrations identified in this 
notice (see Table 1). Specifically, S.C. Johnson & Son, Inc. has made 
this request because the fenoxycarb technical label no longer includes 
indoor residential uses of fenoxycarb. S.C. Johnson & Son, Inc. has not 
produced the insecticide products (EPA registrations 4822-292 
and 4822-442) for a number of years, and has not requested 
time for the sale of existing stocks. This action on the registrant's 
request will terminate the last fenoxycarb end-use products registered 
in the United States with use in indoor residential settings.
    This notice also announces receipt by EPA of requests from Syngenta 
to cancel four fenoxycarb product registrations. In a letter dated 
November 6, 2007, Syngenta requested that EPA cancel affected product 
registrations identified in this notice (see Table 1). Specifically, 
Syngenta has made this request because these registrations have not 
been produced for some time. Syngenta has not produced the insecticide 
products (EPA registrations  100-725,  100-746, 
 100-750, and  100-753) for a number of years, and 
has not requested time for the sale of existing stocks. This action on 
the registrant's requests will not terminate the last fenoxycarb 
product registered in the United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel certain nicotine, 4-aminopyridine, and fenoxycarb product 
registrations. The affected products and the registrants making the 
requests 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 and fenoxycarb products are not agricultural use 
products and are not subject to section 6(f)(1)(C) of FIFRA. EPA will 
provide a 30-day comment period on the proposed requests for the 
nicotine and fenoxycarb products. The 4-aminopyridine registrant has 
requested that EPA waive the 180-day comment period. EPA will provide a 
30-day comment period on the proposed request.
    Unless a request is withdrawn by the registrant within 30 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 registrations.

 Table 1.--Product Registrations with Pending Requests for Cancellation
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       Registration Number           Product Name           Company
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4-340                             Bonide Tobacco      Bonide Products,
                                   Dust                Inc.
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4-465                             Bonide Rabbit &     Bonide Products,
                                   Dog Chaser          Inc.
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100-725                           Logic Fire Ant      Syngenta Crop
                                   Killer              Protection, Inc.
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100-746                           Fenoxycarb 1% Bait  Syngenta Crop
                                                       Protection, Inc.
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100-750                           Precision 25 WP     Syngenta Crop
                                                       Protection, Inc.
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100-753                           Fenoxycarb 25 WP    Syngenta Crop
                                                       Protection, Inc.
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11649-10                          Avitrol             Avitrol
                                   Concentrate         Corporation
------------------------------------------------------------------------
11649-11                          Avitrol Powder Mix  Avitrol
                                                       Corporation
------------------------------------------------------------------------

[[Page 72713]]


CA780131                          Avitrol Mixed       Avitrol
                                   Grains - Special    Corporation
                                   Local Need
------------------------------------------------------------------------
CA780132                          Avitrol Mixed       Avitrol
                                   Grains - Special    Corporation
                                   Local Need
------------------------------------------------------------------------
PR020001                          Avitrol Powder Mix  Avitrol
                                   - Special Local     Corporation
                                   Need
------------------------------------------------------------------------
4822-292                          Raid Flea Kill IV   S.C. Johnson &
                                   Plus                Son, Inc.
------------------------------------------------------------------------
4822-442                          Raid DOB            S.C. Johnson &
                                                       Son, Inc.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 of this unit.

         Table 2--Registrants Requesting Voluntary Cancellation
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            EPA Company Number                Company Name and Address
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4                                           Bonide Products, Inc.
                                            6301 Sutliff Road
                                            Oriskany, NY 13424
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100                                         Syngenta Crop Protection,
                                             Inc.
                                            P.O. Box 18300
                                            410 Swing Road
                                            Greensboro, NC 27419
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11649                                       Avitrol Corporation
                                            7644 East 46th Street
                                            Tulsa, OK 74145
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4822                                        S.C. Johnson & Son, Inc.
                                            1525 Howe Street
                                            Racine, WI 53403
------------------------------------------------------------------------

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 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 Requests

    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 [30 days after date of 
publication in the Federal Register]. This written withdrawal of any 
request for cancellation will apply only to the applicable FIFRA 
section 6(f)(1) requests listed in this notice. If the products have 
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 these requests for amendments 
to terminate uses, the Agency 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:
     For EPA registration  4-340, no sale by the registrant of 
existing stocks. Bonide has not manufactured this product for 3-4 years 
and there are no stocks in its possession.
    For EPA registration  4-465, sale by the registrant of 
existing stocks will be allowed for a period of 24 months, counted from 
the date of the cancellation order associated with this notice.
    For 4-aminopyridine products (EPA registrations  11649-10, 
 11649-11,  CA780131,  CA780132, and 
 PR020001), sale by the registrant of existing stocks will be 
permitted through December 31, 2007. From January 1, 2008 on, sale by 
the registrant of existing stocks will be prohibited.
    For fenoxycarb products (EPA registrations  100-725, 
 100-746,  100-750,  100-753,  
4822-292, and  4822-442), no sale by the registrant of 
existing stocks. Syngenta Crop Protection, Inc. has not manufactured 
their products for several years and there are no stocks in its 
possession. S.C. Johnson & Son, Inc. has not manufactured their 
products for several years and there are no stocks in its possession.
    If the requests for voluntary cancellation are granted as discussed 
in this unit, the Agency intends to issue a cancellation order that 
will allow persons other than the registrant to continue to sell and/or 
use existing stocks of cancelled products until such stocks are 
exhausted, provided that such use is consistent with the terms of the 
previously approved labeling on, or that accompanied, the cancelled 
product. The order will specifically prohibit any use of existing 
stocks that is not consistent with such previously approved labeling. 
If, as the Agency currently intends, the final cancellation orders 
contain the existing stocks provisions just described, the order will 
be sent only to the affected registrants of the cancelled products. If 
the Agency determines that any of the final cancellation orders should 
contain existing stocks provisions different than the ones just 
described, the Agency will publish the cancellation order in the 
Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 13, 2007.
Peter Caulkins.
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-24903 Filed 12-20-07; 8:45 am]

BILLING CODE 6560-50-S
