[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
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11649-11 Avitrol Powder Mix Avitrol
Corporation
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[[Page 72713]]
CA780131 Avitrol Mixed Avitrol
Grains - Special Corporation
Local Need
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CA780132 Avitrol Mixed Avitrol
Grains - Special Corporation
Local Need
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PR020001 Avitrol Powder Mix Avitrol
- Special Local Corporation
Need
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4822-292 Raid Flea Kill IV S.C. Johnson &
Plus Son, Inc.
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4822-442 Raid DOB S.C. Johnson &
Son, Inc.
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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
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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