
[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]               
[Page 64320-64322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc08-56]                         

-----------------------------------------------------------------------

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
