[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]
[Page 26695-26696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn09-64]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-1019; FRL-8414-5]
Nicotine; Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellation,
voluntarily requested by the registrant and accepted by the Agency, of
products containing the pesticide nicotine, pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows an October 29, 2008 Federal
Register Notice of Receipt of Request from the nicotine registrant to
voluntarily cancel its sole remaining nicotine product registration.
This product registration is the last nicotine pesticide product
registered for use in the United States. In the October 29, 2008
Notice, EPA indicated that it would issue an order implementing the
cancellation, unless the Agency received substantive comments within
the 180- day comment period that would merit its further review of
these requests, or unless the registrant withdrew its request within
this period. The Agency did not receive any comments on the notice.
Further, the registrant did not withdraw its request. Accordingly, EPA
hereby issues in this notice a cancellation order granting the
requested cancellation. Any distribution, sale, or use of the nicotine
product subject to this cancellation order is permitted only in
accordance with the terms of this order, including any existing stocks
provisions.
DATES: The cancellation is effective January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Jill Bloom, Special Review and
Reregistration Division, 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
[[Page 26696]]
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. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007--1019. 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.
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.
II. What Action is the Agency Taking?
This notice announces the cancellation, as requested by the
registrant, of the sole remaining nicotine end-use product registered
under section 3 of FIFRA. This registration is listed in Table 1 of
this unit.
Table 1--Nicotine Product Cancellation
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EPA Registration Number Product Name
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1327-41 Fulex Nicotine Fumigator
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Table 2 of this unit shows the name and address of record for the
registrant of the registration listed in Table 1 of this unit.
Table 2--Registrant of Cancelled Nicotine Products
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EPA Company Number Company Name and Address
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1327...................................... Fuller System, Inc.
P.O. Box 3053,
Woburn, MA 01888
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period, EPA received no comments in
response to the October 29, 2008 Federal Register notice announcing the
Agency's receipt of the request for voluntary cancellation of the
nicotine product identified in Table 1 of Unit II.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation of the nicotine registration identified in Table 1 of Unit
II. Accordingly, the Agency orders that the nicotine product
registration identified in Table 1 of Unit II is hereby canceled, as of
January 1, 2014, the effective date of this order. Any distribution,
sale, or use of existing stocks of the products identified in Table 1
of Unit II in a manner inconsistent with any of the Provisions for
Disposition of Existing Stocks set forth in Unit VI. will be considered
a violation of FIFRA.
V. 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.
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. The cancellation order issued in this notice
includes the following existing stocks provisions.
The sale or distribution of existing stocks is permitted until
December 31, 2014. All sale or distribution of existing stocks is
prohibited after December 31, 2014, unless that sale or distribution is
solely for the purpose of facilitating disposal or export of the
product. The use of this product will be permitted until existing
stocks are depleted. Any use of existing stocks must be in a manner
consistent with the previously-approved labeling for this product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: May 19, 2009.
Richard P. Keigwin, Jr.
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E9-12561 Filed 6-2-09; 8:45 a.m.]
BILLING CODE 6560-50-S