[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26695-26696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12561]


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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: <a href="/cdn-cgi/l/email-protection#5f3d3330303271353633331f3a2f3e71383029"><span class="__cf_email__" data-cfemail="5c3e3033333172363530301c392c3d723b332a">[email protected]</span></a>.

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


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