Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26693 

registration_review. Links to earlier 

documents related to the registration 

review of this pesticide are provided at: 

http://www.epa.gov/oppsrrd1/ 

registration_review/l-lactic-acid/ 

index.htm . 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 3(g) of FIFRA and 40 CFR part 

155, subpart C, provide authority for 

this action. 

List of Subjects 

Environmental protection, 

Registration review, Pesticides and 

pests, L-Lactic Acid. 

Dated: May 20, 2009. 

W. Michael McDavit, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–12643 Filed 6–2–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0322; FRL–8420–3] 

FIFRA Scientific Advisory Panel; 

Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: There will be a 3–day 

meeting of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

Scientific Advisory Panel (FIFRA SAP) 

to consider and review The Use of 

Structure Activity Relationships of 

Estrogen Binding Affinity to Support 

Prioritization of Pesticide Inert 

Ingredients and Antimicrobial 

Pesticides for Screening and Testing. 

DATES: The meeting will be held on 

August 25–27, 2009, from 9 a.m. to 

approximately 5:30 p.m. 

Comments. The Agency encourages 

that written comments be submitted by 

August 17, 2009, and requests for oral 

comments be submitted by August 20, 

2009. However, written comments and 

requests to make oral comments may be 

submitted until the date of the meeting, 

but anyone submitting written 

comments after August 17, 2009, should 

contact the Designated Federal Official 

(DFO) listed under FOR FURTHER

INFORMATION CONTACT. For additional 

instructions, see Unit I.C. of the 

SUPPLEMENTARY INFORMATION. 

Nominations. Nominations of 

candidates to serve as ad hoc members 

of FIFRA SAP for this meeting should 

be provided on or before June 17, 2009 

Special accommodations. For 

information on access or services for 

individuals with disabilities, and to 

request accommodation of a disability, 

please contact the DFO listed under FOR

FURTHER INFORMATION CONTACT at least 

10 days prior to the meeting to give EPA 

as much time as possible to process 

your request. 

ADDRESSES: The meeting will be held at 

the Environmental Protection Agency, 

Conference Center, Lobby Level, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA 22202. 

Comments. Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0322, 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–2009– 

0322. If your comments contain any 

information that you consider to be CBI 

or otherwise protected, please contact 

the DFO listed under FOR FURTHER

INFORMATION CONTACT to obtain special 

instructions before submitting your 

comments. 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 email. 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. 

Nominations, requests to present oral 

comments, and requests for special 

accommodations. Submit nominations 

to serve as ad hoc members of FIFRA 

SAP, requests for special seating 

accommodations, or requests to present 

oral comments to the DFO listed under 

FOR FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Sharlene Matten, DFO, Office of Science 

Coordination and Policy (7201M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(202) 564–0130; fax number: (202) 564- 

8382; e-mail addresses: 

matten.sharlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to persons who are or may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

FIFRA, and the Food Quality Protection 

Act of 1996 (FQPA). Since other entities 


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26694 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 

may also 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 DFO 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. 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. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

C. How May I Participate in This 

Meeting? 

You may participate in this meeting 

by following the instructions in this 

unit. To ensure proper receipt by EPA, 

it is imperative that you identify docket 

ID number EPA–HQ–OPP–2009–0322 in 

the subject line on the first page of your 

request. 

1. Written comments. The Agency 

encourages that written comments be 

submitted, using the instructions in 

ADDRESSES, no later than August 17, 

2009, to provide FIFRA SAP the time 

necessary to consider and review the 

written comments. Written comments 

are accepted until the date of the 

meeting, but anyone submitting written 

comments after August 17, 2009, should 

contact the DFO listed under FOR

FURTHER INFORMATION CONTACT. Anyone 

submitting written comments at the 

meeting should bring 30 copies for 

distribution to FIFRA SAP. 

2. Oral comments. The Agency 

encourages that each individual or 

group wishing to make brief oral 

comments to FIFRA SAP submit their 

request to the DFO listed under FOR

FURTHER INFORMATION CONTACT no later 

than August 20, 2009, in order to be 

included on the meeting agenda. 

Requests to present oral comments will 

be accepted until the date of the meeting 

and, to the extent that time permits, the 

Chair of FIFRA SAP may permit the 

presentation of oral comments at the 

meeting by interested persons who have 

not previously requested time. The 

request should identify the name of the 

individual making the presentation, the 

organization (if any) the individual will 

represent, and any requirements for 

audiovisual equipment (e.g., overhead 

projector, 35 mm projector, chalkboard). 

Oral comments before FIFRA SAP are 

limited to approximately 5 minutes 

unless prior arrangements have been 

made. In addition, each speaker should 

bring 30 copies of his or her comments 

and presentation slides for distribution 

to the FIFRA SAP at the meeting. 

3. Seating at the meeting. Seating at 

the meeting will be open and on a firstcome basis. 

4. Request for nominations to serve as 

ad hoc members of FIFRA SAP for this 

meeting. As part of a broader process for 

developing a pool of candidates for each 

meeting, FIFRA SAP staff routinely 

solicits the stakeholder community for 

nominations of prospective candidates 

for service as ad hoc members of FIFRA 

SAP. Any interested person or 

organization may nominate qualified 

individuals to be considered as 

prospective candidates for a specific 

meeting. Individuals nominated for this 

meeting should have expertise in one or 

more of the following areas: In Vitro 

Models of Receptor Binding (e.g., 

Estrogen) and Gene Activation, Expert 

Systems and SAR Modeling, and Use of 

Expert Systems in Prioritization 

Processes for Toxicity Testing Programs. 

Nominees should be scientists who have 

sufficient professional qualifications, 

including training and experience, to be 

capable of providing expert comments 

on the scientific issues for this meeting. 

Nominees should be identified by name, 

occupation, position, address, and 

telephone number. Nominations should 

be provided to the DFO listed under FOR

FURTHER INFORMATION CONTACT on or 

before June 17, 2009. The Agency will 

consider all nominations of prospective 

candidates for this meeting that are 

received on or before this date. 

However, final selection of ad hoc 

members for this meeting is a 

discretionary function of the Agency. 

The selection of scientists to serve on 

FIFRA SAP is based on the function of 

the panel and the expertise needed to 

address the Agency’s charge to the 

panel. No interested scientists shall be 

ineligible to serve by reason of their 

membership on any other advisory 

committee to a Federal department or 

agency or their employment by a 

Federal department or agency except the 

EPA. Other factors considered during 

the selection process include 

availability of the potential panel 

member to fully participate in the 

panel’s reviews, absence of any conflicts 

of interest or appearance of lack of 

impartiality, independence with respect 

to the matters under review, and lack of 

bias. Although financial conflicts of 

interest, the appearance of lack of 

impartiality, lack of independence, and 

bias may result in disqualification, the 

absence of such concerns does not 

assure that a candidate will be selected 

to serve on FIFRA SAP. Numerous 

qualified candidates are identified for 

each panel. Therefore, selection 

decisions involve carefully weighing a 

number of factors including the 

candidates’ areas of expertise and 

professional qualifications and 

achieving an overall balance of different 

scientific perspectives on the panel. In 

order to have the collective breadth of 

experience needed to address the 

Agency’s charge for this meeting, the 

Agency anticipates selecting 

approximately 10–12 ad hoc scientists. 

FIFRA SAP members are subject to 

the provisions of 5 CFR part 2634, 

Executive Branch Financial Disclosure, 

as supplemented by EPA in 5 CFR part 

6401. In anticipation of this 

requirement, prospective candidates for 

service on the FIFRA SAP will be asked 

to submit confidential financial 

information which shall fully disclose, 

among other financial interests, the 

candidate’s employment, stocks and 

bonds, and where applicable, sources of 

research support. EPA will evaluate the 

candidates financial disclosure form to 

assess whether there are financial 

conflicts of interest, appearance of a 

lack of impartiality or any prior 

involvement with the development of 

the documents under consideration 

(including previous scientific peer 

review) before the candidate is 

considered further for service on FIFRA 

SAP. Those who are selected from the 

pool of prospective candidates will be 

asked to attend the public meetings and 

to participate in the discussion of key 

issues and assumptions at these 

meetings. In addition, they will be asked 

to review and to help finalize the 

meeting minutes. The list of FIFRA SAP 

members participating at this meeting 

will be posted on the FIFRA SAP 

website at http://epa.gov/scipoly/sap or 

may be obtained from the OPP 


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Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26695 

Regulatory Public Docket at http:// 

www.regulations.gov. 

II. Background 

A. Purpose of FIFRA SAP 

FIFRA SAP serves as the primary 

scientific peer review mechanism of 

EPA’s Office of Prevention, Pesticides 

and Toxic Substances (OPPTS) and is 

structured to provide scientific advice, 

information and recommendations to 

the EPA Administrator on pesticides 

and pesticide-related issues as to the 

impact of regulatory actions on health 

and the environment. FIFRA SAP is a 

Federal advisory committee established 

in 1975 under FIFRA that operates in 

accordance with requirements of the 

Federal Advisory Committee Act. FIFRA 

SAP is composed of a permanent panel 

consisting of seven members who are 

appointed by the EPA Administrator 

from nominees provided by the National 

Institutes of Health and the National 

Science Foundation. FIFRA, as 

amended by FQPA, established a 

Science Review Board consisting of at 

least 60 scientists who are available to 

the SAP on an ad hoc basis to assist in 

reviews conducted by the SAP. As a 

peer review mechanism, FIFRA SAP 

provides comments, evaluations and 

recommendations to improve the 

effectiveness and quality of analyses 

made by Agency scientists. Members of 

FIFRA SAP are scientists who have 

sufficient professional qualifications, 

including training and experience, to 

provide expert advice and 

recommendation to the Agency. 

B. Public Meeting 

The Office of Pesticide Programs has 

a number of ongoing activities to 

broaden the suite of computer-based 

methods to better predict potential 

hazards and improve the effectiveness 

of risk assessment and risk management 

by focusing the generation of new data 

on likely risks of concern. The use of 

structure-activity relationships (SARs) 

in early hazard identification is one 

such cost effective prioritization tool 

that can guide the systematic collection 

of key test data. EPA is required to 

screen all pesticide chemicals, which 

includes active ingredients and other 

(‘‘inert’’) ingredients for potential 

endocrine disruption (ED). The Agency 

must prioritize hundreds of chemicals 

for ED screening and testing in 

biologically complex and resource 

intensive assays. This FIFRA SAP 

review will be focused on an SAR 

approach that was developed for 

pesticide inert ingredients and 

antimicrobial pesticides to help 

prioritize candidate chemicals for the 

Tier 1 Endocrine Disruptor Screening 

Program specific to an estrogenmediated toxicity pathway. A 

particularly challenging issue is the 

development of prioritization 

techniques for chemicals, such as inert 

ingredients and some antimicrobial 

active ingredients that have minimal 

existing toxicological information. This 

SAR/Rule-Based Expert System for 

predicting estrogen receptor (ER) 

binding affinity is based on data derived 

from two in vitro assays: one optimized 

to measure the potential of chemicals to 

bind rainbow trout estrogen receptors 

(rtER), and a second that measures gene 

activation through production of 

vitellogenin. The SAP will be asked to 

comment on various aspects of the SAR/ 

Rule-Based Expert System including 

transparency of the approach, biological 

endpoint definition, mechanistic 

interpretation, and model’s applicability 

domain. 

C. FIFRA SAP Documents and Meeting 

Minutes 

EPA’s background paper, related 

supporting materials, charge/questions 

to FIFRA SAP, FIFRA SAP composition 

(i.e., members and ad hoc members for 

this meeting), and the meeting agenda 

will be available by August 10, 2009. In 

addition, the Agency may provide 

additional background documents as the 

materials become available. You may 

obtain electronic copies of these 

documents, and certain other related 

documents that might be available 

electronically, at http:// 

www.regulations.gov and the FIFRA 

SAP homepage at http://www.epa.gov/ 

scipoly/sap. 

FIFRA SAP will prepare meeting 

minutes summarizing its 

recommendations to the Agency 

approximately 90 days after the 

meeting. The meeting minutes will be 

posted on the FIFRA SAP website or 

may be obtained from the OPP 

Regulatory Public Docket at http:// 

www.regulations.gov. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: May 27, 2009. 

Frank Sanders, 

Director, Office of Science Coordination and 

Policy. 

[FR Doc. E9–12923 Filed 6–2–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–1019; FRL–8414–5] 

Nicotine; Product Cancellation Order 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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; email 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 


PWALKER on PROD1PC71 with NOTICES