[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29501-29502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11395]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-1019; FRL-8364-3]


Nicotine Reregistration Eligibility Decision; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decision (RED) for the pesticide nicotine. The Agency's 
risk assessments and other related documents are available in the 
nicotine Docket. The sole remaining nicotine registration, a restricted 
use insecticide registered for use only on greenhouse ornamentals and 
effective against adult whiteflies, aphids, and thrips, is being 
voluntarily cancelled by the registrant. EPA has reviewed nicotine 
through the reregistration eligibility decision-making process, which 
is used by the Agency to ensure that all pesticides meet current health 
and safety standards.

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: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. EPA 
has completed a RED for the pesticide nicotine under section 4(g)(2)(A) 
of FIFRA. The sole remaining nicotine registration is a restricted use 
insecticide registered for use only on greenhouse ornamentals and 
effective against adult whiteflies, aphids, and thrips. It is not 
registered for use on food.
    EPA has determined that the data base to support nicotine is 
incomplete. The Agency has relied primarily on information available 
from the open literature to assess the risks associated with the use of 
nicotine. Although there is considerable information, particularly 
toxicity information, available in the literature, very little of it is 
appropriate for the routes of exposure relevant to the pesticidal use 
of nicotine, and much of it relates to derivatives of nicotine not 
present in the pesticide. Data on worker and residential exposures are 
also very limited. The data gaps create a substantial amount of 
uncertainty in the Agency's risk assessment, and risk estimates derived 
from the available data exceed the Agency's level of concern in certain 
areas. The RED identifies data that would be needed to refine the risk 
assessment for nicotine. Rather than develop the data needed to refine 
the assessment, the registrant has requested the cancellation of its 
nicotine registration, effective December 31, 2013.
    The Agency has made its risk management decision for nicotine, and 
has determined that the phase-out as requested by the registrant is 
warranted due to the extremely low volume of nicotine use and the 
benefits associated with its use in production of greenhouse 
ornamentals. In light of the risk estimates derived from the available 
data, the Agency is requiring implementation of label amendments 
designed to reduce the potential for

[[Page 29502]]

exposure and reduce risk during the phase-out period, including 
prohibiting the use of nicotine on plants grown for cut flowers, 
prohibiting use in non-commercial greenhouses, and restricting 
consumers' access to treated greenhouses for 24 hours following the 
last application of the nicotine product and until ventilation criteria 
have been met.

What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA, as amended, directs that, after 
submission of all data concerning a pesticide active ingredient, the 
Administrator shall determine whether pesticides containing such active 
ingredient are eligible for reregistration, before calling in product 
specific data on individual end-use products and either reregistering 
products or taking other ``appropriate regulatory action.''

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: May 8, 2008.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-11395 Filed 5-20-08; 8:45 am]
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