[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Notices]
[Page 68039-68042]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-60]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0291; FRL-7331-1]
Notice of Receipt of Requests to Voluntarily Cancel Certain
Pesticide Registrations for Products Containing Tributyltin
Methacrylate, and to Amend Certain Pesticide Registrations Containing
Bis(tributyltin) Oxide to Terminate a Use
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 a
notice of receipt of requests by registrants to voluntarily cancel
certain pesticide registrations and to amend certain pesticide
registrations to terminate a use. Atofina Chemicals, Inc. and Crompton
Corporation have requested that the registrations for all their
tributyltin products registered for use in formulating antifouling
paints or which are themselves antifouling paints be canceled, or if
the products are registered for use in formulating other pesticides in
addition to antifouling paints, that those registrations be amended to
terminate the antifoulant use. Both registrants have requested that the
voluntary cancellations and use terminations become effective as of
November 30, 2003. Both companies have requested that they be permitted
to sell affected products without change to the labels until that date
and no later; no separate existing stocks provisions are necessary
since the Agency intends to allow them to sell the affected products
only until the effective date as requested. Both companies have waived
the 180-day comment period typically allowed after a request for
voluntary cancellation, and both companies have stated that their
requests are irrevocable.
DATES: Unless the Agency receives substantive comments within the 30-
day comment period that would merit further review of the requests, the
Agency intends to issue orders granting these requests to cancel
certain products, and to amend to terminate certain uses. Comments,
identified by docket ID number OPP-2003-0291, must be received on or
before January 5, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Please follow the detailed instructions
for each method as provided in Unit I.C. of the SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: Jill Bloom, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8019; e-mail address: bloom.jill@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, 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 information in this notice, 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 an official public docket for this
action under docket identification (ID) number OPP-2003-0291. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
[[Page 68040]]
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2003-0291. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment. ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP-2003-0291. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0291.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID Number OPP-2003-0291. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the registration activity.
7. Make sure to submit your comments by the deadline in this
notice.
[[Page 68041]]
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
II. What Action is the Agency Taking?
This notice announces receipt by the Agency of requests from
Atofina to cancel its EPA Registration Numbers shown below. Atofina
submitted a letter dated September 10, 2003 to the Agency requesting
the voluntary cancellation of their registrations for these products
containing tributyltin methacrylate. The letter was received by the
Agency on September 12, 2003. The affected registrations are listed in
Table 1 of this unit:
Table 1.--Requests for Cancellation
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Registration Number Product Name Chemical Name
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5204-63 Biomet 300 Tributyltin
Antifouling methacrylate
Agent
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5204-65 Biomet 302 Tributyltin
Antifouling methacrylate
Agent
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5204-67 Biomet 304 Tributyltin
Antifouling methacrylate
Agent
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5204-80 Biomet 303/60 Tributyltin
Antifouling methacrylate
Agent
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5204-81 Biomet 304/60 Tributyltin
Antifouling methacrylate
Agent
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5204-83 Polyflo 4024 Tributyltin
methacrylate
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5204-87 Biomet 305 Tributyltin
methacrylate
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5204-88 Biomet 309 Tributyltin
methacrylate
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5204-90 Biomet 300/60 Tributyltin
Antifouling methacrylate
Agent
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This notice also announces receipt by the Agency of requests from
Atofina and Crompton to amend their EPA Registration Numbers 5204-1 and
8898-17, respectively, to terminate their use for formulation of
antifouling paints. Atofina and Crompton submitted letters dated
September 10, 2003 and September 29, 2003 (as subsequently clarified
and corrected by Crompton's letter dated October 29, 2003),
respectively, to the Agency requesting the amendment of registrations
to terminate this use for these products containing bis(tributyltin)
oxide. The letter from Atofina was received by the Agency on September
12, 2003; the letters from Crompton were received by the Agency on
September 30, 2003 and October 29, 2003, respectively. The affected
registrations are listed in Table 2 of this unit:
Table 2.--Requests for Amendment to Terminate Uses
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Registration Number Product Name Chemical Name
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5204-1 Biomet TBTO Bis(tributyltin)
oxide
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8898-17 Eurotin TBTO Bis(tributyltin)
oxide
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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 use 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 registrants have
requested that EPA waive the 180-day comment period. EPA will provide a
30-day comment period on the proposed requests. EPA anticipates
granting the cancellation requests and requests for termination of uses
shortly after the end of the 30-day comment period for this notice
unless the Agency receives substantive comments within the comment
period that would merit further review of the request.
Unless substantive comments are submitted which merit further
review, the Agency intends to issue orders canceling the subject
registrations and granting the amendments affecting the use
terminations associated with the requests. Users of these pesticides or
anyone else desiring the retention of a registration or particular use
should contact the appropriate registrant and the person listed under
FOR FURTHER INFORMATION CONTACT before the lapse of this 30-day period.
Table 3 of this unit includes the name and address of record for
the registrants of the products in Table 1 and 2 of this unit:
[[Page 68042]]
Table 3.--Registrants Requesting Voluntary Cancellation and/or Amendment
to Terminate Uses
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EPA Company Number Company Name and Address
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5204 Atofina Chemicals, Inc., 2000
Market Street, Philadelphia,
PA 19103-3222
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8898 Crompton Corporation, 1
American Way, Greenwich, CT
06831
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III. 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 pesticide 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, the Administrator may approve such a request.
IV. Provisions for Disposition of Existing Stocks
The effective date of cancellation will be the date of the
cancellation order. The orders effecting requested cancellations
generally permit a registrant to sell or distribute existing stocks for
one year after the date the cancellation request was received. This
policy is in accordance with the Agency's statement of policy as
prescribed in the Federal Register of June 26, 1991 (56 FR 29362) (FRL-
3846-4). Exceptions to this general rule will be made if a product
poses a risk concern, or is in noncompliance with reregistration
requirements, or is subject to a Data Call-In. In all cases, product-
specific disposition dates will be given in the cancellation orders.
In this case, Atofina requested in its letter dated September 10,
2003 that the Agency allow it to sell existing stocks of its affected
products for which Atofina requested voluntary cancellation until
November 30, 2003, which is the same date that Atofina requested the
cancellations to be effective. In their letters dated September 10,
2003 and September 29, 2003 (as subsequently clarified and corrected by
Crompton's letter dated October 29, 2003) respectively, Atofina and
Crompton also requested that the Agency allow them to sell stocks of
their affected products for which they have requested amendment to
terminate uses, bearing labels allowing the use which is the subject of
the use termination request, until that same date, November 30, 2003.
The Agency anticipates granting these requests shortly after the end of
the 30-day comment period for this notice unless the Agency receives
substantive comments within the comment period that would merit further
review of the request. The cancellation and use termination orders
which effect the requests of these two registrants for their TBT
antifoulant and antifouling paint registrations will effectively serve
as the existing stocks orders for the affected registrations.
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which have been packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. In this instance, and consistent with their own
requests, Atofina and Crompton will not be permitted existing stocks
provisions for any sale, distribution, or use of affected products
after the effective date of the cancellations and use terminations.
Unless the provisions of an earlier order apply, existing stocks
already in the hands of dealers or users can be distributed, sold, or
used legally until they are exhausted, provided that such further sale
and use comply with EPA-approved label and labeling of the affected
product. Exception to these general rules will be made in specific
cases when more stringent restrictions on sale, distribution, or use of
the products or their ingredients have already been imposed, as in a
Special Review action, or where the Agency has identified significant
potential risk concerns associated with a particular chemical. The
Agency does not anticipate any such exception to these general rules in
this case.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: November 21, 2003.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 03-30165 Filed 12-4-03; 8:45 am]
BILLING CODE 6560-50-S